Allahabad High Court
Vinay Kumar Singh vs State Of U.P. And 4 Others on 14 January, 2020
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- APPLICATION U/S 482 No. - 1520 of 2020 Applicant :- Vinay Kumar Singh Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Harish Chandra Singh,Anand Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Harish Chandra Singh, learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for seeking a direction upon the Chief Judicial Magistrate, Gorakhpur to reject the charge-sheet no. 424 of 2019 dated 2nd November, 2019 submitted by the Investigating Officer in Case Crime No. 906 of 2019, under Section 504 and 506 I.P.C., Police Station-Cantt., District-Gorakhpur as well as to direct the Circle Officer, Police Station-Cantt., District-Gorakhpur for further investigation. He also seeks for addition of Sections 75 of 86 of Juvenile Justice (Care & Protection of Children) Act, 2015 in pursuance of the first information report lodged by the applicant.
Learned counsel for the applicant submits that the son of applicant, namely, Divyansh Kumar Singh was studying in Class VI in Surmount International School, Siddharthapuram, Taramanda, Police Station-Cantt., District-Gorakhpur. The examination of the son of the applicant was scheduled from 14th September, 2019 and when the son of the applicant went in his class-room for taking his examination, one Madam Reena came and under order of the Principal and Manager of the institution, she directed the son of the applicant to get out from the examination hall, as he had not deposited his fee @ Rs.600/-. Thereafter the son of the applicant has been tortured and expelled from the examination hall by opposite party nos. 2 to 5 forcefully. Thereafter the applicant went to the said institution along his son Divyansh and another son to meet the Principal and to explain that he has already deposited the fee on 5th July, 2019 for the month of July to September, 2019 but the opposite party nos. 2 to 5 and other school staff abused and beat the applicant and his sons. They have also threatened him with evil civil consequences. Thereafter the applicant has moved an application for lodging of the first information report against opposite party nos. 2 to 5 on which the first information report has been lodged on 21st September, 2019, which was registered as Case Crime No. 906 of 2019 only under Sections 323, 504 and 506 I.P.C. After recording statements under Section 161 Cr.P.C. of the applicant, victim Divyansh Kumar and staff of the said institution, the Investigating Officer in collusion with opposite party nos. 2 to 5, has submitted the charge-sheet against opposite party nos. 2 to 5 only under Sections 504 and 506 I.P.C. on 2nd November, 2019 in the Court of Chief Judicial Magistrate, Gorakhpur excluding Sections 75 and 86 of the Juvenile Justice (Care & Protection of Children) Act, 2015. Learned counsel for the applicant further submits that as per the statements of the applicant and victim and contents of the first information report, case under Sections 75 and 86 of the Juvenile Justice (Care & Protection of Children) Act, 2015 are also made out against opposite party nos. 2 to 5. Learned counsel for the applicant, therefore, submits that this Court may direct the Chief Judicial Magistrate, Gorakhpur to reject or return the charge-sheet dated 2nd November, 2019 submitted by the Investigating Officer in Case Crime No. 906 of 2019, under Section 504 and 506 I.P.C., Police Station-Cantt., District-Gorakhpur. He may also be directed to order the Investigating Officer to submit fresh charge-sheet after including Sections 75 and 86 of the Juvenile Justice (Care & Protection of Children) Act, 2015 against opposite party nos. 2 to 5.
Per contra, Mr. Prashant Kumar, learned A.G.A. for the State submits that the present application is wholly misconceived. proper course available to the applicant is to move an appropriate application/protest petition for inclusion of Sections 75 and 86 of the Juvenile Justice (Care & Protection of Children) Act, 2015 or for further investigation, first before the appropriate Court i.e. the Court of Chief Judicial Magistrate, Gorakhpur, where the charge-sheet dated 2nd November, 2019 has been submitted by the Investigating Officer, who shall decide the same in accordance with law. The applicant cannot directly approach this Court for seeking a direction upon the concerned Magistrate to direct further investigation. Learned A.G.A., therefore, submits that the present application is liable to be rejected.
I have considered the submissions made by the learned counsel for the parties and have gone through the records of the present application.
From the record of the present application, after investigation, only charge-sheet has been submitted by the Investigating Officer in the Court of Chief Judicial Magistrate, Gorakhpur, on which neither any order taking cognizance nor any order summoning opposite party nos. 2 to 5 has passed. In that circumstance, as per the provisions of Code of Criminal Procedure, how can the applicant approach this Court directly for seeking a direction upon the Chief Judicial Magistrate, Gorakhpur to reject the charge-sheet no. 424 of 2019 dated 2nd November, 2019 submitted by the Investigating Officer in Case Crime No. 906 of 2019, under Section 504 and 506 I.P.C., Police Station-Cantt., District-Gorakhpur as well as to direct the Circle Officer, Police Station-Cantt., District-Gorakhpur for further investigation. He also seeks for addition of Sections 75 and 86 of Juvenile Justice (Care & Protection of Children) Act, 2015 in pursuance of the first information report lodged by the applicant, without approaching the court below i.e. Chief Judicial Magistrate, Gorakhpur. Before approaching this Court directly, the proper course available to the applicant was to file an appropriate application in the court below wherein the charge-sheet has been submitted, for rejection or return of the charge-sheet and further investigation. But the said course has not been adopted by the applicant.
In view of the aforesaid, the present application is accordingly rejected.
(Manju Rani Chauhan, J.) Order Date :- 14.1.2020 Sushil/-